PARAS NATH THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application arises out of an election dispute in a Co-operative Society, and the main question falling for decision of this Court is as to whether the Registrar, Co-operative Societies, committed any error of jurisdiction in setting aside the election of the petitions on a review application.

(2.) In Chanpatia (West Champaran) there is a Co-operative Society named as Chanpatia Co-operative Development and Cane Marketing Union Ltd. (Petitioner No. 8). The Managing Committee of this Society was dissolved by the Government in the year 1980 under the provisions of Section 41 (6) of the Bihar and Orissa Co-operative Societies Act (for short 'the Act'). And the District Magistrate, West Champaran was appointed as its Administrator. The Administrator, being himself otherwise busy, had deputed the Assistant Registrar, Co-operative Societies, Bettiah, as his nominee for conducting the Annual General Meeting of the Society convened on 16th February, 1984 for electing the office bearers. 105 delegates out of the total of 108 participated in the meeting under the Presidentship of Shri Shiv Chandra Jha, Respondent No. 5, as the District Magistrate could not reach. The names of some office bearers as members of the Managing Committee were proposed and seconded for election in the Union and the matter was put to voting. According .to the petitioner's own case, when the matter was put to voting whereas 41 delegates voted in support of the proposal, 5 voted against it and, therefore, the first proposal had to be dropped by the President. According to the further case of the petitioners, then another proposal was made by another delegate giving another list of office bearers and the members of the Managing Committee, which is said to have been unanimously approved by the delegates attending the meeting.

(3.) After the election two sets of persons one on behalf of Birendra Kumar Sharma Respondent No. 6, and the other on behalf of Shiv Chandra Jha, I espondent No. 5 and others, started claiming that they had been elected in the said meeting. This led to some controversy and it is said that respondent No. 5 took away the proceeding book. It appears that another meeting was held on that very day under the Presidentship of one Alakh Kumar Mishra in which 59 delegates had participated for election of the office bearers of this Society, and the proceedings were recorded in another register. According to the unanimous resolution, another set of persons were elected as office bearers of the Managing Committee and members of the Union. This proceeding book was thereafter returned to the Assistant Registrar. Both the proceeding books were handed over to the District Magistrate, Bettiah, who after obtaining the opinion of the Government Pleader, declared. the election of the Second proceeding as valid.